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VOL. 12, ISSUE 4 (2026)
"The application of drug abuse charges against the right to rehabilitation for children"
Authors
Mohd Farhan, Rizanizarli, Sulaiman
Abstract
This research aims to analyze the judge's considerations in drug-related criminal cases involving children and their relation to the fulfillment of rehabilitation rights based on Decision Number 1/Pid.Sus-Child/2025/PN Bpd. The research uses a normative legal method with a legislative and case approach. The analysis was conducted normatively-qualitatively on the provisions regarding the juvenile criminal justice system, narcotics offenses, rehabilitation, and judicial considerations. The research results show that judges focus on proving the elements of the crime based on the Public Prosecutor's indictment, namely Article 114 paragraph (1) in conjunction with Article 132 paragraph (1) and Article 112 paragraph (1) in conjunction with Article 132 paragraph (1) of the Narcotics Law. Although the child tested positive for using methamphetamine, Article 127 paragraph (1) letter a was not charged, thus limiting the judge's consideration for rehabilitation. The condition indicates that the resolution of the case emphasizes the aspect of punishment more than the rehabilitation and recovery of the child. Thus, the construction of the indictment letter needs to be drafted by considering the facts of drug use and the child's condition so that the fulfillment of rehabilitation rights and the principle of the best interests of the child can be more optimal.
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Pages:16-20
How to cite this article:
Mohd Farhan, Rizanizarli, Sulaiman ""The application of drug abuse charges against the right to rehabilitation for children"". International Journal of Law, Vol 12, Issue 4, 2026, Pages 16-20
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